in wisconsin can a person who is poa then loses it from the courts act as a pr for a will

UPDATED: Jan 8, 2018

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in wisconsin can a person who is poa then loses it from the courts act as a pr for a will

My sister had her poa taken away from her now that my dad passes away she has
been listed as a pr can she still be a pr

Asked on January 8, 2018 under Estate Planning, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, if she was named as executor or personal representative by the will, or if a court otherwise (e.g. on her application or motion) appoints her to that role, she may be this. What happened to her in regards to the POA is a factor that a court may considered in deciding who gets this role, but a court does not have to consider it and it does not legally or automatically disqualify her. And if she is named to this role in the will, then a court will enforce the will's choice of her unless she can be shown to be doing something improper *now*, in regards to the will or estate (e.g. not following the will; misappropriating money from the estate; etc.), in which case any heirs or beneficiaries could file a legal action to challenge her appointment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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